Ask the Lawyers – Recent Questions

Here are the answers to questions submitted to our attorneys about employment law issues. We update these questions monthly. Questions are answered by Fair Measures attorneys Ann Kiernan and Steve Duggan. To search by specific workplace issues, please see our organized answers in our list of FAQs.

Is workplace investigation required where employee leaves early every week?

I have an employee that calls in or leaves early at least once every other week if not every week. Reasons are stated as being [...]

Is it harassment when owner makes slurs about other groups?

The owner of my company constantly talks poorly and discriminatorily about Muslims and Arabs. While I am not one of those, I do find it extremely [...]

Can my supervisor tell everyone why I was on FMLA?

I was recently several weeks pregnant and due to complications was out on FMLA. I advised HR and supervisors because it was a requirement of [...]

Am I entitled to a pay stub?

In Texas, is an employer required to give payroll stubs if requested? I asked for a copy of stubs from my employer and was refused. [...]

Is this sex discrimination?

My employer fired me for theft of a vacuum that my boyfriend took to try and fix, after he had advised another coworker of such. [...]

Can I layoff an employee due to lack of attendance and production?

Ann Kiernan replies: Someone who doesn’t come to work and doesn’t produce while at work certainly can be fired. But, please don’t take the lazy [...]

Can we ask contractors to use a time clock?

May I ask those providing service under a contract to sign in and out using a time clock when they are on premises?  (This is [...]

Who gets a dead employee’s records?

When an employee dies, who should get his W-2 forms? I got a call from someone who said she was his mother. Should I send [...]

Is the CEO allowed to sit in on a sexual harassment investigation?

The employer called an employee in to ask questions about rumor circulating among staff about an alleged sexual relationship with another staff member. In the [...]

Can I keep employee contact information and work schedules confidential?

I manage a restaurant, and we consistently have to deal with relatives or friends calling and asking when someone works or if they are off [...]